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burden of proof req.
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Burden of Proof - Clear and Convincing Evidence
2002- Introductory Instructions
C - 1.41
The [Plaintiff] has the burden of proving by clear and convincing evidence all the facts necessary to establish:

[Insert Claim]

Clear and convincing evidence means that the evidence leads you to a firm belief or conviction that the allegations are true. This is a higher standard of proof than proof by the greater weight of the evidence. The evidence presented need not be undisputed to be clear and convincing.
 
State v. Schneider, 550 NW2d 405 n.4 (ND 1996)
In re Estate of Stanton, 472 NW2d 741 (ND 1991)
Stoner v. Nash Finch, Inc., 446 NW2d 747, 756 (ND 1989)
Pritchett v. Executive Director of Social Serv. Bd., 325 NW2d 217, 220 (ND 1982)
Zundel v. Zundel, 278 NW2d 123, 130 (ND 1979)
Note: (2004 - reviewed with no changes)